Chelsea Manning, in a photo from a fashion shoot for Dazed on February 12, 2019, just 24 days before she was imprisoned for refusing to testify in a Grand Jury case against WikiLeaks.

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I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

It’s three weeks since Chelsea Manning was imprisoned for refusing to testify in a Grand Jury case against WikiLeaks, and I wanted to make sure that I expressed my solidarity with her, as, without her contributions to breaking through the US government’s deliberate secrecy surrounding the prisoners held at Guantánamo, we would know far less than we do about how weak so much of the so-called evidence is that has been used to defend the imprisonment without charge or trial of the men — and boys — held at Guantánamo without charge or trial since the disgraceful prison opened in January 2002.

It was while working as an intelligence analyst for the US Army in Iraq, in 2009, that Manning leaked to WikiLeaks nearly 750,000 classified — or unclassified but sensitive — US military and diplomatic documents, including the “Collateral Murder” video, featuring footage of a US Army helicopter gunning down a group of unarmed civilians in Iraq, including two Reuters journalists, the Afghan and Iraq war logs, a vast number of US diplomatic cables from around the world, and the classified military files from Guantánamo.

A screenshot of Chris Hedges and Andy Worthington discussing Guantanamo on Chris’s show ‘On Contact’ on RT America.

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An injustice does not become any less unjust the longer it endures, and yet, when it comes to the prison at Guantánamo Bay, you could be forgiven for not thinking that this is the case. Over 17 years since the prison opened, it is still holding men indefinitely without charge or trial, and yet these days the prison is rarely in the news, either in the US or internationally.

The is shameful, because, although only 40 men are still held (out of the 779 men held in total by the US military since the prison opened in January 2002), the blunt truth is that no one should be held indefinitely without charge or trial, because that is what dictatorships do, not countries that, like the US, profess to care about the rule of law.

I’m pleased to report that, in an effort to continue to shine a light on the ongoing horrors of Guantánamo, Chris Hedges, one of the most significant critics of America’s current lawlessness, interviewed me for his show ‘On Contact,’ on RT America, which was broadcast on Saturday, and is embedded below via YouTube:

What is the government doing? Last year, when Congress passed the National Defense Authorization Act (NDAA), with its contentious passages endorsing the mandatory military detention of terror suspects, there was uproar across the political spectrum from Americans who believed that it would be used on US citizens.

In fact, it was unclear whether or not this was the case. The NDAA was in many ways a follow-up to the Authorization for Use of Military Force, passed by Congress the week after the 9/11 attacks, which authorized the President “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.”

As confirmed by the Supreme Court in June 2004, in Hamdi v. Rumsfeld, the NDAA also allowed those seized — who were allegedly involved with al-Qaeda and/or the Taliban — to be held until the end of hostilities. The AUMF was, and remains the basis for the detention of prisoners at Guantánamo, but on two occasions President Bush decided that it applied to US citizens — in the cases of Jose Padilla and Yaser Hamdi, who were held on US soil as “enemy combatants” and subjected to torture. Read the rest of this entry »

Last week, in New York, a US judge, District Judge Katherine Forrest, took a stand against a contentious provision inserted into the current National Defense Authorization Act (PDF), ruling that it was unconstitutional for lawmakers to demand that, in future, those accused of involvement with terrorism — including US citizens and residents — must be subjected to mandatory military custody, and held indefinitely without charge or trial (PDF).

The provision (Section 1021), designed to allow detention without trial until the end of the hostilities in the “war on terror,” is meant to apply to anyone “who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks,” or anyone “who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.”

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer (The State of London). Email Andy Worthington